(A) The town, through the Town Engineer, shall, within 45 days, approve any erosion and sediment control plan submitted or specify, in writing, to the applicant, such modifications, terms, and conditions that will permit approval of the plan. The person responsible for carrying out the plan shall certify that he or she will properly perform the conservation measures included in the plan and will conform to the provisions of this chapter. In addition, as a prerequisite to engaging in the land disturbing activities shown on the approved plan, the person responsible for carrying out the plan shall provide the name of an individual holding a certificate of competence, to the program authority, as provided by VA Code § 10.1-561, of the State Erosion and Sediment Control Law, who will be in charge of and responsible for carrying out the land disturbing activity. Failure to provide the name of an individual holding a certificate of competence prior to engaging in land disturbing activities may result in revocation of the approval of the plan and the person responsible for carrying out the plan shall be subject to the penalties provided in this chapter. If no action is taken by the plan approving authority within the time specified in this section, the plan shall be deemed approved and the person authorized to proceed with the proposed activity. However, any plan approving authority may waive the certificate of competence
requirement for an agreement in lieu of a plan for construction of a single family residence. If a violation occurs during the land disturbing activity, then the person responsible for carrying out the agreement in lieu of a plan shall correct the violation and provide the name of an individual holding a certificate of competence, as provided by VA Code § 10.1-561.
(B) The town shall immediately transmit, for review, the plan to the district, which will return comments within 30 days.
(C) The approved plan may be changed by the town which has approved the plan, in the following cases:
(1) Where inspection has revealed the inadequacy of the plan to accomplish the erosion and sediment control objectives of the plan, appropriate modifications to correct the deficiencies of the plan may be directed by the town; and
(2) Where the person responsible for carrying out the approved plan finds that, because of changed circumstances or for other reasons, the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this chapter, are agreed to by the town and the person responsible for carrying out the plan.
(D) Any person engaging, in more than one jurisdiction, in the creation and operation of wetland mitigation or stream restoration banks, which have been approved and have been operated in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of wetlands mitigation or stream restoration banks, pursuant to a mitigation banking instrument signed by the Department of Environmental Quality, the Marine Resources Commission, or the U.S. Army Corps of Engineers, may, at the option of that person, file general erosion and sediment control specifications for wetland mitigation or stream restoration banks annually with the Board for review and approval consistent with guidelines established by the Board. Projects not included in this division (D) shall comply with this chapter. Approval of general erosion and sediment control specifications by the Board does not relieve the owner or operator from compliance with any other local ordinances and regulations including requirements to submit plans and obtain permits as may be required by such ordinances and regulations.
(1998 Code, § 18-36) (Ord. O-2006-10, passed 11-14-2006; Ord. O-2009-02, passed 7-14-2009) Penalty, see § 152.99